Daily Rules, Proposed Rules, and Notices of the Federal Government
On August 17, 2009, the Department published its
On August 14, 2009, Bon Ten submitted comments alleging that the Department made a ministerial error with respect to the
On October 16, 2009, Bon Ten filed a complaint with the Court challenging the Department's determination not to rescind the AR with respect to Bon Ten and its determination that it could not address its failure to consider the February 5, 2009, submission as a ministerial error. On June 7, 2010, the Department filed an unopposed motion for voluntary remand with the Court so that the Department could fully consider and evaluate the overlooked record evidence, prepare draft remand results, issue a draft to the parties for comment, analyze those comments, and take such action as may be appropriate pertaining to Bon Ten. On June 8, 2010, the Court granted the Department's voluntary remand motion.
On June 11, 2010, the Department issued a supplemental questionnaire to Bon Ten, in which the Department provided Bon Ten the opportunity to submit a no-shipment certification. On June 15, 2010, Bon Ten submitted a certification that it had no shipments of WBF during the period August 1, 2007, through December 31, 2007, the portion of the 2007 AR POR that was not covered by the preceding NSR POR. On July 16, 2010, the Department released to all interested parties for comment: (1) Our draft redetermination pursuant to the remand finding that Bon Ten had properly submitted its no-shipment certification and stating our intent to rescind the AR with respect to Bon Ten; (2) a U.S. Customs and Border Protection (“CBP”) data listing of all type 3 entries (
On August 9, 2010, the Department filed with the CIT its final remand redetermination, wherein it determined to rescind the 2007 AR with respect to Bon Ten, pursuant to 19 CFR 351.214(j) and 19 CFR 351.213(d)(3). On September 17, 2010, the CIT sustained the final remand redetermination. On September 27, 2010, the Department notified the public that the Court's decision in this case was not in harmony with the
The remand redetermination explained that, in accordance with the CIT's instructions, the Department reconsidered the record information with regard to Bon Ten's no-shipment certification and separate-rate status for the 2007 AR. Based on this reconsideration, the Department has determined that Bon Ten made no shipments of WBF during the period August 1, 2007, through December 31, 2007, the portion of the 2007 AR POR that was not covered by the preceding NSR POR, pursuant to 19 CFR 351.214(j) and 19 CFR 351.213(d)(3). Therefore, the Department is amending the final results for Bon Ten, a company that was not selected for individual review, and the Department is rescinding the 2007 AR with respect to Bon Ten.
Pursuant to the final court decision, the Department will instruct CBP to collect a cash-deposit rate for Bon Ten, effective upon publication of these amended final results, based on the rate established in the final results of Bon Ten's NSR (
This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries. Pursuant to 19 CFR 351.402(f)(3), failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305 and as explained in the APO itself. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This notice is issued and published in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended.